Ahmedabad: A special POCSO court has acquitted a 61 years old man who was falsely implicated under the charges of POCSO and SC-ST act.
In the court trial, Justice Sachin S.C. Sethi has found that Pankajbhai Indubhai Trivedi, who works as a security guard, was falsely accused in a molestation case registered by a minor Dalit girl. The story was cooked up by the girl in order to bunk the coaching classes. The court also came to the conclusion that she used to meet her boyfriend and falsely booked the security guard to hide her frequent skipping of the classes.
CCTV footage has played a vital role
The court has cleared that the victim’s deposition can not be accepted as a gospel truth particularly when the allegations leveled by her stand are controverted by the recovered CCTV Footage. The court has also scolded the investigating officers for not closely observing the CCTV footage.
“Had they(Police) had examined the CCTV Footage minutely they would have arrived at a conclusion that no offenses in the present case have been committed by the accused”
Justice Sachin S.C. Sethi
Accused is not aware of the caste of the victim
It was popped out during the investigation that the accused was not aware of the caste of the victim. “So far offenses under SCST Act are concerned it is an admitted case of the prosecution that the accused was not aware of the caste of the victim, nor any such allegations have been leveled by the victim”, the court added.
“Accused is free to avail legal remedy”
During the judgment, Justice Sethi considered the gross injustice done to the accused. He suggested that the accused can choose available legal remedies against the girl.
“Before parting with this judgment it is hereby made clear that the accused shall be at liberty to avail appropriate remedy available to him as per law against the complainant for malicious prosecution.”
Justice Sethi
Court directs to recover the compensation amount given under the SC-ST Act
A copy of this judgment has also been sent to Social Welfare Department with a direction to them to recover the amount of Rs.1,00,000/- from the victim.
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